Smith v. U.S., No. 21-1576 [Arg: 03.28.2023]

Published: March 30, 2023, 4:35 p.m.

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Issue(s): Whether the proper remedy for the government\\u2019s failure to prove venue is an acquittal barring re-prosecution of the offense, as the U.S. Courts of Appeals for the 5th and 8th Circuits have held, or whether instead the government may re-try the defendant for the same offense in a different venue, as the U.S. Courts of Appeals for the 6th, 9th, 10th and 11th Circuits have held.

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